Municipality cannot decide property title disputes and must provide valid reasons for issuing a stop work notice.

Prabir Kumar Samanta, J.: Heard the learned Advocates for the respective parties.

2. This writ petition is directed against a notice for stop work issued to the writ petitioner under section-2I7 of the West Bengal Municipal Act, 1993. From the impugned notice, it is evident that the building plan of the writ petitioner was approved under Plan Case No. BRM-138/97-98. It further appears that the aforesaid impugned stop work notice was issued to the writ petitioner without disclosing any reason whatsoever for which such notice was issued. Mr. Roy, learned Advocate appearing on behalf of the respondent-Municipality submitted an instruction that such notice was issued as because a complaint was lodged with the respondent Municipality that the property upon which the construction was being made by the petitioner on the basis of the approved plan, is a wake of property.

3. Considered such submissions. In my view, the impugned notice of stop work is absolutely bad in law inasmuch as if there be any dispute as to the title in respect of the property in question then the same cannot be decided by the respondent-Municipality.

4. Accordingly, the impugned notice under section 217 of the said Act dated 13th December, 1997 issued to the writ petitioner is set aside.

5. This writ petition is thus allowed.

6. Urgent xerox certified copy of this order, if applied for, be supplied to the parties as expeditiously as possible.

Appeal is allowed.